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Bible Verses Like Numbers 7:2
"That the princes of Israel, heads of the house of their fathers, who were the princes of the tribes, and were over them that were numbered, offered:"
Bible verses related to Numbers 7:2 (similar cross-references)
Numbers 1:4-16 - And with you there shall be a man of every tribe; every one head of the house of his fathers.And these are the names of the men that shall stand with you: of the tribe of Reuben; Elizur the son of Shedeur.Of Simeon; Shelumiel the son of Zurishaddai.Of Judah; Nahshon the son of Amminadab.Of Issachar; Nethaneel the son of Zuar.Of Zebulun; Eliab the son of Helon.Of the children of Joseph: of Ephraim; Elishama the son of Ammihud: of Manasseh; Gamaliel the son of Pedahzur.Of Benjamin; Abidan the son of Gideoni.Of Dan; Ahiezer the son of Ammishaddai.Of Asher; Pagiel the son of Ocran.Of Gad; Eliasaph the son of Deuel.Of Naphtali; Ahira the son of Enan.These were the renowned of the congregation, princes of the tribes of their fathers, heads of thousands in Israel. (Verses like Numbers 1:4)
2 Chronicles 35:8 - And his princes gave willingly unto the people, to the priests, and to the Levites: Hilkiah and Zechariah and Jehiel, rulers of the house of God, gave unto the priests for the passover offerings two thousand and six hundred small cattle, and three hundred oxen. (Verses like 2 Chronicles 35:8)
Exodus 35:27 - And the rulers brought onyx stones, and stones to be set, for the ephod, and for the breastplate; (Verses like Exodus 35:27)
Numbers 2:1-34 - And the LORD spake unto Moses and unto Aaron, saying,Every man of the children of Israel shall pitch by his own standard, with the ensign of their father's house: far off about the tabernacle of the congregation shall they pitch.And on the east side toward the rising of the sun shall they of the standard of the camp of Judah pitch throughout their armies: and Nahshon the son of Amminadab shall be captain of the children of Judah.And his host, and those that were numbered of them, were threescore and fourteen thousand and six hundred.And those that do pitch next unto him shall be the tribe of Issachar: and Nethaneel the son of Zuar shall be captain of the children of Issachar.And his host, and those that were numbered thereof, were fifty and four thousand and four hundred.Then the tribe of Zebulun: and Eliab the son of Helon shall be captain of the children of Zebulun.And his host, and those that were numbered thereof, were fifty and seven thousand and four hundred.All that were numbered in the camp of Judah were an hundred thousand and fourscore thousand and six thousand and four hundred, throughout their armies. These shall first set forth.On the south side shall be the standard of the camp of Reuben according to their armies: and the captain of the children of Reuben shall be Elizur the son of Shedeur.And his host, and those that were numbered thereof, were forty and six thousand and five hundred.And those which pitch by him shall be the tribe of Simeon: and the captain of the children of Simeon shall be Shelumiel the son of Zurishaddai.And his host, and those that were numbered of them, were fifty and nine thousand and three hundred.Then the tribe of Gad: and the captain of the sons of Gad shall be Eliasaph the son of Reuel.And his host, and those that were numbered of them, were forty and five thousand and six hundred and fifty.All that were numbered in the camp of Reuben were an hundred thousand and fifty and one thousand and four hundred and fifty, throughout their armies. And they shall set forth in the second rank.Then the tabernacle of the congregation shall set forward with the camp of the Levites in the midst of the camp: as they encamp, so shall they set forward, every man in his place by their standards.On the west side shall be the standard of the camp of Ephraim according to their armies: and the captain of the sons of Ephraim shall be Elishama the son of Ammihud.And his host, and those that were numbered of them, were forty thousand and five hundred.And by him shall be the tribe of Manasseh: and the captain of the children of Manasseh shall be Gamaliel the son of Pedahzur.And his host, and those that were numbered of them, were thirty and two thousand and two hundred.Then the tribe of Benjamin: and the captain of the sons of Benjamin shall be Abidan the son of Gideoni.And his host, and those that were numbered of them, were thirty and five thousand and four hundred.All that were numbered of the camp of Ephraim were an hundred thousand and eight thousand and an hundred, throughout their armies. And they shall go forward in the third rank.The standard of the camp of Dan shall be on the north side by their armies: and the captain of the children of Dan shall be Ahiezer the son of Ammishaddai.And his host, and those that were numbered of them, were threescore and two thousand and seven hundred.And those that encamp by him shall be the tribe of Asher: and the captain of the children of Asher shall be Pagiel the son of Ocran.And his host, and those that were numbered of them, were forty and one thousand and five hundred.Then the tribe of Naphtali: and the captain of the children of Naphtali shall be Ahira the son of Enan.And his host, and those that were numbered of them, were fifty and three thousand and four hundred.All they that were numbered in the camp of Dan were an hundred thousand and fifty and seven thousand and six hundred. They shall go hindmost with their standards.These are those which were numbered of the children of Israel by the house of their fathers: all those that were numbered of the camps throughout their hosts were six hundred thousand and three thousand and five hundred and fifty.But the Levites were not numbered among the children of Israel; as the LORD commanded Moses.And the children of Israel did according to all that the LORD commanded Moses: so they pitched by their standards, and so they set forward, every one after their families, according to the house of their fathers. (Verses like Numbers 2:1)
Numbers 10:1-36 - And the LORD spake unto Moses, saying,Make thee two trumpets of silver; of a whole piece shalt thou make them: that thou mayest use them for the calling of the assembly, and for the journeying of the camps.And when they shall blow with them, all the assembly shall assemble themselves to thee at the door of the tabernacle of the congregation.And if they blow but with one trumpet, then the princes, which are heads of the thousands of Israel, shall gather themselves unto thee.When ye blow an alarm, then the camps that lie on the east parts shall go forward.When ye blow an alarm the second time, then the camps that lie on the south side shall take their journey: they shall blow an alarm for their journeys.But when the congregation is to be gathered together, ye shall blow, but ye shall not sound an alarm.And the sons of Aaron, the priests, shall blow with the trumpets; and they shall be to you for an ordinance for ever throughout your generations.And if ye go to war in your land against the enemy that oppresseth you, then ye shall blow an alarm with the trumpets; and ye shall be remembered before the LORD your God, and ye shall be saved from your enemies.Also in the day of your gladness, and in your solemn days, and in the beginnings of your months, ye shall blow with the trumpets over your burnt offerings, and over the sacrifices of your peace offerings; that they may be to you for a memorial before your God: I am the LORD your God.And it came to pass on the twentieth day of the second month, in the second year, that the cloud was taken up from off the tabernacle of the testimony.And the children of Israel took their journeys out of the wilderness of Sinai; and the cloud rested in the wilderness of Paran.And they first took their journey according to the commandment of the LORD by the hand of Moses.In the first place went the standard of the camp of the children of Judah according to their armies: and over his host was Nahshon the son of Amminadab.And over the host of the tribe of the children of Issachar was Nethaneel the son of Zuar.And over the host of the tribe of the children of Zebulun was Eliab the son of Helon.And the tabernacle was taken down; and the sons of Gershon and the sons of Merari set forward, bearing the tabernacle.And the standard of the camp of Reuben set forward according to their armies: and over his host was Elizur the son of Shedeur.And over the host of the tribe of the children of Simeon was Shelumiel the son of Zurishaddai.And over the host of the tribe of the children of Gad was Eliasaph the son of Deuel.And the Kohathites set forward, bearing the sanctuary: and the other did set up the tabernacle against they came.And the standard of the camp of the children of Ephraim set forward according to their armies: and over his host was Elishama the son of Ammihud.And over the host of the tribe of the children of Manasseh was Gamaliel the son of Pedahzur.And over the host of the tribe of the children of Benjamin was Abidan the son of Gideoni.And the standard of the camp of the children of Dan set forward, which was the rereward of all the camps throughout their hosts: and over his host was Ahiezer the son of Ammishaddai.And over the host of the tribe of the children of Asher was Pagiel the son of Ocran.And over the host of the tribe of the children of Naphtali was Ahira the son of Enan.Thus were the journeyings of the children of Israel according to their armies, when they set forward.And Moses said unto Hobab, the son of Raguel the Midianite, Moses' father in law, We are journeying unto the place of which the LORD said, I will give it you: come thou with us, and we will do thee good: for the LORD hath spoken good concerning Israel.And he said unto him, I will not go; but I will depart to mine own land, and to my kindred.And he said, Leave us not, I pray thee; forasmuch as thou knowest how we are to encamp in the wilderness, and thou mayest be to us instead of eyes.And it shall be, if thou go with us, yea, it shall be, that what goodness the LORD shall do unto us, the same will we do unto thee.And they departed from the mount of the LORD three days' journey: and the ark of the covenant of the LORD went before them in the three days' journey, to search out a resting place for them.And the cloud of the LORD was upon them by day, when they went out of the camp.And it came to pass, when the ark set forward, that Moses said, Rise up, LORD, and let thine enemies be scattered; and let them that hate thee flee before thee.And when it rested, he said, Return, O LORD, unto the many thousands of Israel. (Verses like Numbers 10:1)
1 Chronicles 29:6-8 - Then the chief of the fathers and princes of the tribes of Israel, and the captains of thousands and of hundreds, with the rulers of the king's work, offered willingly,And gave for the service of the house of God of gold five thousand talents and ten thousand drams, and of silver ten thousand talents, and of brass eighteen thousand talents, and one hundred thousand talents of iron.And they with whom precious stones were found gave them to the treasure of the house of the LORD, by the hand of Jehiel the Gershonite. (Verses like 1 Chronicles 29:6)
Ezra 2:68-69 - And some of the chief of the fathers, when they came to the house of the LORD which is at Jerusalem, offered freely for the house of God to set it up in his place:They gave after their ability unto the treasure of the work threescore and one thousand drams of gold, and five thousand pound of silver, and one hundred priests' garments. (Verses like Ezra 2:68)
Nehemiah 7:70-72 - And some of the chief of the fathers gave unto the work. The Tirshatha gave to the treasure a thousand drams of gold, fifty basons, five hundred and thirty priests' garments.And some of the chief of the fathers gave to the treasure of the work twenty thousand drams of gold, and two thousand and two hundred pound of silver.And that which the rest of the people gave was twenty thousand drams of gold, and two thousand pound of silver, and threescore and seven priests' garments. (Verses like Nehemiah 7:70)


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1 Unit Auction in Red Deer (C80)L135 - Sentinel Storage -5433 - 47 Street, Red Deer - , 5433 - 47 St, Red Deer, AB, T4N 1S1
http://https://www.sentinel.ca/locations/alberta/red-deer/
Visitors to this page: 659
Auction Close Time: Dec 13, 2021 12:00PM US/Eastern
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This 8x10 unit will close on Dec 13th, 2021, at 10:00 AM. The winning bidder will have 24 hours to pay for the unit during office hours. Contents of the unit MUST be cleaned out by Dec 15th, 2021, at 12:00 PM
*** Cash deposit of $100 must be given to the store in a Ziploc bag***
Buyers must be 18 years of age to bid. Payment must be received in full within 24 hours in person after the auction closes. If the auction is not claimed within 24 hours, the winner will forfeit their bid and the next highest bidder may be selected. Call 587-802-1271 to arrange payment and pickup. Payment in full will only be made in person at the facility. WE ACCEPT DEBIT AND CREDIT CARD PAYMENTS. A refundable cash deposit or other method (depending on Storage Operator) will also have to be made to ensure that the storage unit is entirely cleared out within 48 hours,. Some Operators, e.g. Public Storage allows for 72 hours to remove items. Please contact the facility manager for exact amount of time. The deposit will only be returned when the storage unit is empty and cleaned to the facility managers satisfaction. If you do not bring a cash deposit, the facility manager can deny you access to the storage unit. All sales plus tax if applicable are FINAL and no refunds are allowed. Some facilities do not accept exempt sales licenses or resale certificates, please call to confirm policy.
L135 - Sentinel Storage -5433 - 47 Street, Red Deer -
5433 - 47 St, Red Deer, AB, T4N 1S1
Monday - Saturday 9:00 - 5:00
Closed Sunday, Holidays
- 1027 at L139 - Sentinel Storage - 6203 Andrews Loop SW -
- 11077 at L136 - Sentinel Storage - 11444 -119 St. Central Edmonton -
- A15 at L137 - Sentinel Storage - 21010-100 Ave, West Edmonton -
- E333 at L232 - Sentinel Storage - 32 Street North, Lethbridge
- F14 at L140 - Sentinel Storage -9920 - 63 Avenue, Argyll -
- L564 at L214 - Sentinel Storage - 145 Provincial Avenue -
- 1009 at L136 - Sentinel Storage - 11444 -119 St. Central Edmonton -
- 106 at L244 - Sentinel Storage - 11106 151st St. NW
- M17 at L036 - Sentinel Storage - 128 Avenue -
- B229 at L053 - Sentinel Storage - 11th Avenue -
Access Storage
http://www.accessstorage.ca/
5433 - 47 St, T4N 1S1, Red Deer, AB

redpajama_set_name: RedPajamaCommonCrawl


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West Virginia University is celebrating its sesquicentennial this year, and events are planned this month to mark the occasion.
The university says WVU Libraries and the West Virginia & Regional History Center will help celebrate as part of this year's West Virginia Day program on June 20.
History center Director John Cuthbert said in a news release it's important to look at the school's early years to fully understand its mission and appreciate the milestones along the way.
Among the programs will be a new exhibit, "Flowing Outward and Beyond: West Virginia University," opening in the history center's Davis Family Galleries. Documents and artifacts will be used to illustrate the university's founding and early years.
Birthday cake will be offered in the Downtown Campus Library Atrium.
For more information, call (304) 293-3536.
West Virginia University economists say their business index shows improvement in the state's economy for the past nine months.
Their Mountain State Business Index, after recording a slight monthly increase in May, was 1.6 percent higher than the same month last year.
West Virginia has earned its first trip to the NCAA baseball tournament since 1996.
The Mountaineers (34-24) are seeded second in the regional in Winston-Salem, North Carolina, and will play third-seeded Maryland (37-21) on Friday. The tournament field was announced Monday.
Former basketball standout Kevin Pittsnogle is among eight people selected for induction into the West Virginia University Sports Hall of Fame.
WVU athletic director Shane Lyons announced the class of 2017 on Sunday, May 28.
West Virginia University's Board of Governors has delayed action on a likely tuition increase while the state budget remains unresolved.
WVU says a board meeting Friday that was called to set tuition and fees lasted only a few minutes.
Athlete Rod Thorn was born in Princeton on May 23, 1941. He was Princeton High School's best basketball and baseball player and was heavily recruited by colleges. The straight-A student was leaning toward Duke University when the West Virginia Legislature passed an unprecedented resolution declaring him a state natural resource.
Thorn ultimately picked West Virginia University, where he wore number 44, the same as Jerry West, who'd just preceded him in Morgantown. During his senior year, the six-foot-four guard was named an All-American.


Attending Your First Major Protest, As Told By "The Good Place"
Editor's Note: Fresh U acknowledges that many large-scale protests have not been met with mainstream media support, and recent protests like the Women's March and March for Our Lives may be the first protests for many people. We hope involvement in large, heavily publicized protests will encourage young people to become involved in activism at all levels.
You tell others about your awesome plan, but then some Negative Nancy tries to deter you by something along the lines of, "Why bother going? We can't change things..."
You don't care though. You're determined to make a difference!
But then you decide to just go with it – it's OK to feel a little uncomfortable as you take everything in.
But in the end, you're incredibly proud of yourself for fighting for what you believe in.


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Виноградовы — ткачихи, однофамилицы, ткачихи фабрики им. Ногина (г. Вичуга Ивановской обл.), которые в 1935 году установили сначала всесоюзный, а затем мировой рекорд производительности труда, зачинательницы «виноградовского движения»:
 Виноградова, Евдокия Викторовна («Дуся»; 1914—1962) — кавалер ордена Ленина;
 Виноградова, Мария Ивановна («Маруся»; 1910—1990) — Герой Социалистического Труда.

Литература
 . С речами Дуси и Маруси Виноградовых можно ознакомиться здесь.

Ссылки

 Хлопчатобумажный комбинат им. В. П. Ногина. Овеянные славой Виноградовы и другие, М., 1936

Социалистическое соревнование

redpajama_set_name: RedPajamaWikipedia


With the update to Apple iOS 10 we are seeing the first provider independent distribution of an email solution that actually reads list unsubscribe headers. Unsubscribing from newsletters becomes so much easier since the link is prominently placed above the sender information and the subject line. Until now only Gmail and Outlook.com had offered a separate path to unsubscribing from commercial emails. In this article we demonstrate why email marketers don't need to fear drastic increases in opt-out numbers.
Out in the countryside you will still find them: the small shops with the steep stairways to the entrance. You open the squeaking door and are greeted by a friendly smile and a feeling that you can not escape. The people who prefer to be undisturbed and unpressured while making a purchase decision won't set foot into such a shop again. Since the 60s we know that broad entrance and exit areas have a positive effect on the shopping experience. The customer feels less coerced and will often return.
At this point in time we cannot prove that prominent unsubscribe buttons increase the number of newsletter unsubscribes. But one thing is certain: no email marketer needs to fear this prominently placed unsubscribe link in the iOS mail app. To the contrary: senders should make sure that the list unsubscribe feature is definitely displayed in their emails.
Since 9/13/2016 iOS 10 has been available for installation – the new operating system for Apple's iPhone, iPad and the iPod touch. Along with the operating system you update the iOS mail client. This client is now equipped to process the header field "list unsubscribe" and generates a link from this header info which is then placed at the very top of the email.
Joshua Baer and Grant Neufeld with RFC 2369 (RFC is an acronym for "Request for Comments"). Even though RFC 2369 today is tagged as "informational", many notable ESPs deliver emails with this list unsubscribe header – numbers are increasing.
On the flip side the list of ISPs that process the header is very short. Before the iOS mail client only Outlook.com (previously Microsoft Windows Live Hotmail) and Google had decided to generate an unsubscribe link or menu item on the server side.
List unsubscribe: which is more important – http or mailto?
List unsubscribe headers can be displayed in two ways – via http or mailto. Both, the http and mailto fields used for unsubscribing from a newsletter, are added to the header section by the email marketing software.
The content of each new field is typically a URL – usually mailto [RFC2368] – which locates the relevant information or performs the command directly. MTAs generating the header fields SHOULD usually include a mailto based command, in addition to any other protocols used, in order to support users who do not have access to non-mail-based protocols.
The List-Unsubscribe field describes the command (preferably using mail) to directly unsubscribe the user (removing them from the list).
As opposed to the wording at the beginning Bear and Neufeld do not use a strictly defined keyword, but rather "preferably".
The benefits of unsubscribe emails to the recipient are obvious. If a recipient clicks on the link to unsubscribe, a new email to the address listed in the header is generated. After sending, the former recipient will find a copy of this email in his "sent" folder and can archive it for proof.
For the providers of webmail clients and mail solutions, mail-based list unsubscribe has clear advantages – because even in an email header you can forge hyperlinks. For example, the URL in the list unsubscribe header could lead to a phishing site or trigger a virus-infected download. If the bad link is nested in the email client, the user will assume responsibility lies with the provider. That is why the iOS mail client and Outlook.com only process the mailto option. Gmail – originally processing both options – now also only supports unsubscribe via email.
The CSA guidelines are not relevant for Google, Microsoft and Apple as they are not members.
2.20 […]. The signed headers must at least contain From, X-CSA-Complaints and list-unsubscribe.
2.21 In the emails' headers a list-unsubscribe (see RFC2369) must be added, however it must be noted that adding only a mailto-link is not sufficient. […].
While the RFC standard and the big ISPs prefer the mailto option of list unsubscribe, the CSA makes it mandatory to implement it as http-link as well and thus degrades mailto to a nice-to-have. Many ESPs simply do not have the means to offer list unsubscribe via email all encompassing and reliably. While the routing of mass emails is developed perfectly, the receiving routines of mass answers are way behind. A second reason for ignoring list unsubscribe via mail is the fear of performance decreases due to the larger number of emails sent.
In the year 2014, 6 out of 20 of the best known ESPs in Germany do not offer the mailto version. If we look at comparable ESPs in the U.S. all at least offer this option – however 9 out of 20 don't implement this option for all their clients.
The market share of Outlook.com, Gmail and the new iOS mail app is considerable. According to the Publicare email study conducted in 2014, 50% of U.S. users accessed emails via one of the webmailers that today only offer the mailto list unsubscribe. The current numbers from Germany show a market share of 30% for the same webmailers and the iOS mail app. This means that currently the users of Outlook.com, Gmail and the iOS mail client are receiving many newsletters which won't display the new unsubscribe functionality but rather the potentially dangerous unsubscribe links. The CSA's adding ESPs to their whitelist and moving emails to the spam folder makes a mockery out of this.
Sometimes when you use the Outlook unsubscribe link the unsubscribe will re-direct to a trusted sender. Also Gmail verifies the reliability.
Will the new unsubscribe functionality be embraced?
Is it really the case that fewer readers report newsletters they have subscribed to as spam if the receive such a convenient unsubscribe functionality? Publicare checked this by analyzing a representative email campaign. Every two weeks nine million regular subscribers receive this email campaign. How will the iOS 10 update affect the number of unsubscribes?
First, we checked the number of unsubscribes and complaints on 9/11/2016, two days before the iOS 10 update was available. At that point in time the percentage of list unsubscribes is 3.37% of all unsubscribes. With that the opt-outs via list unsubscribe and complaints, e.g. by moving email to the spam folder, are almost even.
Updating an operating system on millions of devices doesn't just happen in a day. Publicare assumes that iOS 10 was installed on a sufficient number of devices on 9/29/2016. The unsubscribe numbers speak a clear language: the number of unsubscribes via list unsubscribe climbed to 9.52%. Only 1.36% of recipients complained about the newsletter or moved it to their spam folder. After 14 days, 54% of all Apple devices had upgraded to iOS 10.* Experimentation with the new feature seems to have subsided a bit, but the percentage of list unsubscribes remains far over the original value at 7.98%. On 11/04/2016, more than 7 weeks after the update, 8.11% of recipients were using the new unsubscribe functionality to opt-out of newsletters.
We can only speculate what causes the varying number of complaints in our tests. It is possible that recipients got the newsletter again even though they used the list unsubscribe due to errors in monitoring.
Whoever is not sure if their own campaigns are equipped with the list unsubscribe header, can test this in the detail view. If the list unsubscribe header is not included, that does not necessarily indicate that the ESP doesn't offer this option at all. Often in organically grown systems there will be servers that deliver the header. An internal move will then quickly bring campaigns up to code. Many ESPs even reduce the number of non-achievable unsubscribes through forwarded emails using VERP (Variable Envelope Return Path).
Delivering the header is not enough, though. The email address must be tied into the recipient handling. Whoever takes on the handling of subscriptions and unsubscribes themselves, must keep an eye on these addresses in addition to the feedback loop and the additional opt-out management. Email marketers who manage opt-in and opt-out processes separate from the ESP via internal systems need to become active and ensure that unsubscribes, that originate from list unsubscribe or spam complaint and are sent to the ESP, make it into their internal systems. Sending a newsletter after the recipient has unsubscribed not only increases the risk of being marked as spam, but also can lead to blacklisting. While the CAN-SPAM-ACT in the U.S. gives email marketers 10 days to react to an unsubscribe request, in Germany such a request must be honored immediately.
Whoever feels at home in a shop will not leave it just because the exit is broad. And most certainly they will not boycott the shop. The same goes for email subscribers: the fear that interested subscribers opt-out just because it has become so easy is misplaced.
Visitors to a shop who don't like the interior cannot be persuaded to stay – just as non interested subscribers cannot be forced to stay on the list. Both will become irritated and will be sure to make their displeasure known to others. Subscribers who are not interested do not send positive signals and over time decrease deliverability for a campaign. Additionally, if the option to unsubscribe must be searched for, an email is much more likely to be marked as spam.
Placing the unsubscribe link so prominently in the iOS 10 email client makes it appear more positive as in the email body. With a correct implementation of list unsubscribe, email marketers not only improve their deliverability – long-term they also remove any reservation of re-subscription. Think about it: if you let subscribers leave your list at any time, they will come back if things change for them again.
With this unsubscribe link, email marketing moves further toward friendly consultant and away from the car salesman. Email marketers who want to stay on top of the game need to check the unsubscribe handling by their ESPs.


The patient is a 70 year-old female with history of ascites who presented with worsening abdominal distension and vague abdominal pain. CT findings revealed large volume ascites and a 3.7 x 4.5 cm possible appendiceal mucocele. The patient then underwent diagnostic laparoscopy with biopsy of an abdominal wall pelvic nodule and a perihepatic nodule, along with abdominal paracentesis.
Pseudomyxoma peritonei (PMP) is a clinical neoplastic presentation or condition resulting from mucinous tumor implants which produce large amounts of intra-abdominal mucinous material. The incidence is about one per million per year. Most cases arise from primary appendiceal mucinous neoplasms (low grade appendiceal mucinous neoplasms which produce a mucin filled appendix, clinically termed appendiceal mucocele whereas pathologically termed low grade appendiceal neoplasm). The tumor may less commonly be of ovarian origin, from mucinous cystadenoma or cystadenocarcinoma or rarely mucinous neoplasm arising in mature cystic teratoma. Other less common sites of origin include the colon, stomach, gallbladder, lung, breast and pancreas.
PMP or peritoneal spread of a low grade mucin producing neoplasm follows rupture of the neoplasm at site of orgin (appendix) with spread of mucin-producing neoplastic epithelial cells. The cells redistribute within the peritoneal cavity and produce large amounts of viscous mucus which may lead to radiologic and clinical findings such "scalloping" of the liver and "omental caking." Eventually, massive accumulation of mucus can lead to bowel obstruction.
The pathologic entity underlying pseudomyxoma peritonei is the spread of highly differentiated neoplastic glandular cells which produce abundant pools of mucin.
The neoplastic process underlying PMP (reference 2) is classified into three categories of adenocarcinoma: low grade, high grade, and high grade with signet ring cells. Low grade adenocarcinoma under prior classification system was termed disseminated mucinous adenomucinosis and high grade adenocarcinoma was previously termed peritoneal mucinous carcinomatosis.
Immunohistochemistry may be used to determine site of origin specifically to differentiate ovarian from appendiceal origin. SATB2, CK20, CDX2 and MUC2 will stain positively in cases of appendiceal origin, whereas PAX8 and ER may stain positively in cases of ovarian origin.
Treatment of pseudomyxoma peritonei ranges from repeated surgical debulking to more aggressive treatment involving complete cytoreduction and heated intraperitoneal chemotherapy (mitomycin and fluorouracil). Prognostic indicators include grade of the neoplasm and preoperative tumor markers (CEA, CA125 and CA19.9).
1. Rosai J, Ackerman LV. Rosai and Ackerman's Surgical Pathology. Elsevier. 2011.
2. Carr NJ, Cecil TD, Sugarbaker PH,. A Consensus for Classification and Pathologic Reporting of Pseudomyxoma Peritonei and Associated Appendiceal Neoplasia: The Results of the Peritoneal Surface Oncology Group International Modified Delphi Process. Am J Surg Pathol. 2016; 40(1):14-26.
3. Buell-Gutbrod R, Gwin K. Pathologic diagnosis, origin, and natural history of pseudomyxoma peritonei. Am Soc Clin Oncol Educ Book. 2013:221-5.
4. Fallis SA, Moran BJ. Management of pseudomyxoma peritonei. J BUON. 2015; 20(Suppl 1):S47-55.
5. Strickland S, Parra-Herran C. Immunohistochemical characterization of appendiceal mucinous neoplasms and the value of special AT-rich sequence-binding protein 2 in their distinction from primary ovarian mucinous tumours. Histopathology. 2016;68(7):977-87.


December 17th, 2017 at 10:00AM – Giaccherino Convent, Via Sant'Andrea, 40, Pistoia On the occasion of Pistoia Italian Capitol of Culture 2017, the conference: "Art, Handicraft and Culture" will take place. It is a very prestigious opportunity to deepen the link between handicraft, art and culture. Special guest speaker is the art critic Prof. Vittorio Sgarbi.


This specification covers the standard for martensitic stainless steel for various structural, architectural, pressure vessel, and heat-resisting applications. The material shall undergo heat-treatment by tempering. The steel shall conform to the requirements as to chemical composition specified for carbon, manganese, phosphorus, sulfur, silicon, chromium, nickel, molybdenum, and nitrogen. Mechanical testing shall be performed on the steel and shall conform to the specified values in mechanical properties such as yield strength, tensile strength, elongation, and Brinell hardness.
1.1 This specification covers martensitic stainless steels for various structural, architectural, pressure vessel, and heat-resisting applications. The mechanical properties of these steels are customarily, but not necessarily, developed by a suitable heat treatment generally referred to as tempering.


Excessive consumption of energy drinks has been reportedly linked to a man's heart attack. Published studies have already suggested that high levels of caffeine in energy drinks could play a role in cardiovascular issues in youth, but less is known about their effects in adults. Three lawsuits concerning energy drinks and cardiac problems have recently been settled for confidential amounts.
Express (12/11/15) reports on Martin Bowling, who at 28 years old was working 60-hour weeks in insurance. To keep himself going, he reportedly drank high quantities of an energy drink. One night after drinking two liters of an energy drink, he collapsed in a pub and was taken to the hospital. After testing, doctors found excessively high levels of caffeine in Bowling's blood stream, which they believe contributed to his heart attack.
In October 2014, the World Health Organization (WHO) issued a warning concerning energy drinks, noting that increased consumption of the drinks could pose a danger to public health, especially in young consumers. According to the WHO, in Sweden, sales of some types of energy drinks to children are banned, while in Hungary, a public health tax has been placed on certain goods including energy drinks.
In 2015, three lawsuits filed against Monster Energy were settled for undisclosed amounts. The wrongful death lawsuits alleged consumers died of heart problems shortly after consuming an energy drink. Although Monster Energy reportedly settled the lawsuits, the company argues its products are safe for consumption.
Critics of energy drinks note that the drinks may include "masked" caffeine, which is more highly concentrated than the caffeine found in coffee. Guarana, which may be used in energy drinks, is reportedly twice as concentrated as coffee bean caffeine. Furthermore, certain medications can increase the effects of the caffeine.
Caffeine toxicity has been linked to cardiac problems, including arrhythmia.
This web site is designed for general information only. The information presented on this site does not constitute a lawyer/client relationship. Hiring an attorney is an important decision. If you have been involved in an accident, please feel free to call us 24 hours a day, 7 days a week to set up a free consultation.
© 2015 Grabb & Durando. All rights reserved.


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ICEF View Park Preparatory Middle School
About ICEF
Mission & School History
Educational Account Spending Plan
Counseling & Student Services
Student Discipline Policy
Uniform Complaint
ICEF Wellness Policy
8th Grade Corner
College Culture
ICEF View Park Preparatory Middle School Home
ICEF Innovation Schools
ICEF Inglewood Schools
ICEF Vista Schools
ICEF View Park Schools
Excellence for All
ICEF and its schools are guided and known by their core values and beliefs which reflect best practices researched in high performing schools that consistently produce well-educated students prepared to enter and succeed in college.
Community - We will create, grow and support a unified community where we are passionate about the success of our students.
Diversity - We will respect diversity while using our differences to drive innovative practices that unite us all.
Empowerment - we will empower our stakeholders to be efficient and effective in delivering the highest quality services for our students.
Accountability - We will develop a culture of integrity where we hold ourselves and each other accountable for our actions and behaviors with our students, our parents, and our stakeholders.
Communication - We will provide clear, effective, and timely communications within our organization and in our business dealings.
Safety - We will insure a learning environment where students, parents, visitors, and staff feel supported and secure.
Collaborate - We will make ICEF an enjoyable workplace of professionals where we actively share responsibility, celebrate success, learn from failures, and work together for the success of all.
formLCAP
Middle School Student Council
Math Field Day
Reading Across America
NJHS visit the Museum of Tolerance
National Junior Honor Society meet Holocaust survivor Mr. Amrom Deutsh
The Los Angeles Lakers Honor Joye Roberts
Student/Educator of the Month Awards! We at the Lakers love honoring the outstanding educators and students in this city and are thankful for your commitment to education.
Embrace The Mind (ETM)
(ETM) Wellness Lunch Club
The National Junior Honor Society is the nation's premier organization established to recognize outstanding middle level students. More than just an honor roll, NJHS serves to honor those students who have demonstrated excellence in the areas of scholarship, service, leadership, character, and citizenship. These characteristics have been associated with membership in the organization since its beginning in 1929.
Open House and Coffee
Saturday, January 25th Time: 10:00am - 1:00pm First 100 attendees will receive a gift of appreciation
MLK Day (No School)
Boy's & Girl's Rugby
12:30 PM – 3 PM
Edward Vincent Park
The mission of ICEF Public Schools is to prepare all students to attend and compete at the top 100 colleges and universities in the nation. ICEF (Inner City Education Foundation) operates 9 charter schools, educating over 3,200 students in grades TK through 12. ICEF is one of the first charter management organizations in Los Angeles and has become a leader in California for raising African-American achievement and closing the achievement gap. ICEF serves a student population that is 70% African-American and 28% Latino. Almost 90% of ICEF students are eligible for the federal Free and Reduced Priced Meals Program (FRPMP), a nationally recognized measure of economic poverty.
In just over a decade, ICEF established a K-12 model that ensures all students are prepared to compete and succeed in college. In 2012, 98 percent of our seniors that started the 2011-12 school year with ICEF graduated from high school, and 99 percent of these students have been accepted to college—more than 92 percent of them to four-year universities. This is in stark contrast to the performance of traditional public schools in the neighborhood, where more than 50 percent of high school students drop out, and less than 10 percent go on to graduate from college. ICEF started with the proposition that every student must be accepted into and competitive in college.
In addition to academic rigor, ICEF stands out from the crowd by providing our students with rich extracurricular offerings. ICEF gives students the opportunity to participate in athletics and an outstanding performing and visual arts program that enriches and supports their academic experience. At ICEF, music, dance, sports, and drama are not options "extras." We truly believe that by encouraging our students to participate in these activities—along with their academic studies—we are developing not just stellar students, but interesting and talented members of society.
P: 323-290-6970 F: 888-676-3462 5311 Crenshaw Blvd, Los Angeles, CA 90043


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Alice O'Brien Guest
Posted Wed, June 27th, 2018 9:58 pm
Symposium: Janus' radical rewrite of the First Amendment
Posted Wed, June 27th, 2018 9:58 pm by Alice O'Brien
Alice O'Brien is general counsel for the National Education Association, which filed an amicus brief in support of the union in Janus v. AFSCME.
The Supreme Court's ruling in Janus v. American Federation of State, County, and Municipal Employees is politics, not law.
Today, the Supreme Court cast aside the interests of working people and their families, as well as the management concerns of 21 states, the District of Columbia, leaders of major cities, towns and school districts, and the views of constitutional scholars from across the political spectrum, to overrule Abood v. Detroit Board of Education. Abood, which has stood since 1977 for over forty years, formed the bedrock of much First Amendment law, and provided the foundation for strong and effective public-sector collective bargaining. The court's ruling will harm working people and is doctrinally indefensible.
The Janus majority ruled that public employees have a fundamental First Amendment interest in not being compelled to support public-sector labor-management systems that states choose to erect. This is nonsense. The very same justices who struck down Abood today wrote the precedents declining to provide public employees any First Amendment protection at all when they are speaking at work as part of their jobs, in part on the ground that states as sovereigns have expansive powers to regulate their workplaces. As Justice Anthony Kennedy, joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito, wrote in 2006 in Garcetti v. Ceballos, there is a difference of constitutional significance between an employee's speech made as a citizen, which is protected by the First Amendment, and speech made as a public employee, which "the Constitution does not insulate … from employer discipline."
The lower courts have largely taken Garcetti, and its predecessor precedent, 1968's Pickering v. Board of Education,to mean that when educators speak out about employment matters at work, they (like all public employees) can be disciplined or fired. This is true no matter how valuable or meritorious their speech is. Whether speaking out against a lack of funding, supplies, books, classroom size, systemic discrimination or more, their free speech interests yield to what the court has viewed to be the public employer's paramount interest in regulating its workplace.
Today's decision sloughs off all those precedents as applicable only in one-off cases, when an individual employee asserts a First Amendment objection to being compelled to do her job. But as the majority itself admits, the Garcetti/ Pickering rules have been routinely applied, even by the court itself, to cases involving speech restrictions impacting many employees. Indeed, even though the First Amendment "has its fullest and most urgent application precisely to the conduct of campaigns for political office," as the court held in 2014 in McCutcheon v. Federal Election Commission, the court has upheld broad restrictions on public employees' political activities. See United Public Workers v. Mitchell; Civil Service Commission v. Letter Carriers. The Janus majority's suggestion that in those cases the court actually applied something resembling the "exacting scrutiny" the court trains on fair-share fees does not withstand a moment's scrutiny. See Mitchell (upholding the Hatch Act's complete ban on public employee participation in political campaigns).
Rather than precedent or principle, what appears to drive the Janus majority is barely concealed animus toward public sector unions and their advocacy. Thus, the Janus majority writes that the growth of the public sector since 1977 raises the "political valence" of the fair-share fee issue, and it decries the fact that unions discuss such "sensitive political topics" as "climate change, the Confederacy, sexual orientation and gender identity, evolution and minority religions." Why union speech on such issues has anything to do with what states choose to allow unions to bargain for in public employment, much less what states choose that feepayers can be charged for that bargaining, is never made clear, nor could it be.
The fact is that the Janus majority opinion is not about expanding the speech rights of public employees at all. It is about five justices constitutionalizing their disdain for the right of working people to come together to speak with a unified and strong voice. State choices about fair-share fees get no deference under Janus because they are viewed as artifacts of union power, not legitimate employer choices by government decisionmakers. Yet every other suppression of public-employee speech in the workplace gets the highest deference.
One searches in vain for a silver lining in today's decision, some notion that the new union objector exception to Garcetti and Pickering will provide union supporters with additional protection as well. But on that score, Justice Elena Kagan's dissent may well prove prescient:
Suppose a government entity disciplines a group of (non-unionized) employees for agitating for a better health plan at various inopportune times and places… . [W]hen actual cases of this kind come around, we will discover that today's majority has crafted a "unions only" carve-out to our employee-speech law.
At bottom, Janus is yet another example of a court that has lost its way. This court searches for specks of religious discrimination buried in a bureaucracy when deciding whether LGBTQ people have the right to purchase wedding services (Masterpiece Cakeshop v. Colorado Civil Rights Commission), but buries its head in the sand when the president of the United States proudly boasts of his religious animus (Trump v. Hawaii). The court finds speech rights in flooding our political system with corporate and foreign money (Citizens United v. Federal Election Commission), but looks away from racially discriminatory voting systems. And today's Janus decision sends the shocking message that even when a governmental action is deeply rooted in decades of reasonable legislative and governmental judgments, the justices may still upend it based on their own ideological views about the value of the underlying speech and association.
Our political system is straining to the breaking point. The court should be driving to the middle to stabilize and maintain our democracy and the court's institutional integrity. Instead, thanks to the unprecedented Republican obstructionism that prevented President Barack Obama from appointing Chief Judge Merrick Garland to the U.S. Supreme Court, the court has veered right, taking down decades of legislative and judicial precedents. As all eyes turn to the U.S. Senate and its consideration of the vacancy that will be left by Kennedy's retirement, Janus thus stands as an object lesson as to how very high the stakes of that battle will be.
Posted in Janus v. American Federation of State, County, and Municipal Employees, Council 31, Symposium on the court's ruling in Janus v. AFSCME
Recommended Citation: Alice O'Brien, Symposium: Janus' radical rewrite of the First Amendment, SCOTUSblog (Jun. 27, 2018, 9:58 PM), https://www.scotusblog.com/2018/06/symposium-janus-radical-rewrite-of-the-first-amendment/


Over 416,000 Americans gave their lives fighting fascism in the Second World War, a number larger than the population of New Orleans.
Donald Trump insulted every one of them and their sacrifice in New York yesterday. He also made the Republican Party the party of Jefferson Davis not Abraham Lincoln.
Trump disgraced himself by defending neo-Nazis who were calling out "Jews will not replace us" and "blood and soil," a Nazi war cry, at Charlottesville on Friday night and Saturday. There were no good people among those marchers, Mr. President. If there had been, they would have walked away on seeing the Nazi flags and hearing those slogans.
"Blood and Soil" ('Blut und Boden') was a very important philosophy for Nazi Germany. It referred to Aryan blood and the purity of the men and women who toiled on the land.
Friday night was a mini Nuremberg rally that ended in deaths and injuries. There was no moral equivalence between protesters exercising their First Amendment rights and a Nazi using ISIS tactics to plow a car into innocent opponents. For the president to suggest there was is downright racism.
What he has done is give permission to every Nazi group in America to do their worst and because they know they'll get a nod and a wink from a complicit president.
You know what George W. Bush and Barack Obama would have done – called the stricken mother of Heather Heyer, the dead woman.
White nationalists, alt-righters, and neo-Nazis marched on Virginia University shouting phrases such as "Jews will not replace us", "Blood and soil" and "White lives matter". (Watch news feature below).
Rupert Murdoch has reportedly been urging Donald Trump to fire racist right-winger Steve Bannon from his White House. Murdoch might rethink and try and get rid of Trump as well. Murdoch is Trump's biggest enabler, his Fox News the equivalent of Pravda for Trump. Every night the station bombards it's "Four legs good, two legs bad" propaganda taken straight from "Animal Farm."
Only Republicans can fire Donald Trump. They hold all the aces in the House and in the Senate. So far they have failed to dirty their hands and confront him. Finally, given Speaker Paul Ryan's tweet condemning the Nazis, they might be getting ready to man up. Impeachment must surely be a necessary evil now.
There are white supremacists within the White House too. Even right wing Glenn Beck has compared Trump advisor Steve Bannon to the Nazi propagandist Joseph Goebbels and called Irish American Bannon "quite possibly the most dangerous guy in all of American politics."
The opinion is shared by many. "I don't think that White House has a chance of functioning properly as long as there's a resident lunatic fringe," Mark Salter, a longtime adviser to Senator John McCain, told The New York Times. Bannon, he said, seems willing to "tolerate something that's intolerable" in Mr. Trump's base.
Beck's and Salter's words have been proven prophetic by events in Charlottesville and the aftermath. There is no doubt Trump's refusal to condemn the Nazis was out of the Bannon playbook.
Bannon, Trump's close advisor, spoke to the president before he made his mealy-mouthed remarks and, according to The New York Times' Maggie Haberman, the best and most informed journalist covering the White House, he convinced Trump not to call out the KKK or white supremacists by name – a position Trump clearly agreed with.
Haberman also revealed that Bannon had spoken to Trump all over that weekend, urging him to hold the line and not attack his base, as Bannon put it. Only when the pressure became too great did Trump relent and overrule Bannon. However, on Tuesday in his press conference, Trump was back on Bannon's wavelength blaming both sides, declaring protesters were as guilty as Nazis and the KKK.
Trump's Cheif Strategist Steve Bannon.
Trump has rarely read a book but Bannon provides the intellectual underpinning for his racist views.
Bannon is a lover of Fascist writers, which is surprising given his Irish-Catholic upbringing. The KKK and other groups of the same ilk have as much hatred for Catholics as they do Jews or African-Americans.
A recent story by the Huffington Post revealed Bannon's leanings. He loves a book called "The Camp of the Saints," a French novel that outlines a race war between the "civilized" white West and the evil brown hordes of the so-called East.
Trump's right-hand man also loves Nazi-affiliated Italian philosopher Julius Evola. Evola, who was virulently racist and anti-Semitic, was a big fan of Nazi leader Heinrich Himmler.
Today's Nazis love Evola too. Neo-fascist leader Richard Spencer told the Times he was excited that Bannon knew of Evola.
It is incredible that a man with such views has such a close relationship with the President of the United States and worse that a president with a daughter and son-in-law of the Jewish faith tolerates him so openly. America did not vote for accommodation with fascism, Mr. President. The 418,000 Americans who died fighting it in World War II would surely agree.


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Hung Liu Studio Newsletter
New Years Edition!
Exhibitions, Upcoming Exhibitions, Gigs, Friends, Press, & Publications
Rena Bransten Gallery, San Francisco
Gail Severn Gallery, Ketchum, Idaho
Magnolia Editions, Oakland
Nancy Hoffman Gallery, New York
Paulson Fontaine Press, Berkeley
Shark's Ink, Lyons, Colorado
Tamarind Institute, Albuquerque
Trillium Graphics, Brisbane, California
Turner Carroll Gallery, Santa Fe
Walter Maciel Gallery, Los Angeles
10 Chancery Lane Gallery, Hong Kong
Hung Liu Studio
Welcome to the Hung Liu Studio newsletter for the winter of 2016-17. While the "Scales of History" show at the Fresno Art Museum has been extended through April 28, 2017, Hung is not showing elsewhere at present. So, in the spirit of the new year, we are focusing on recent gigs, lectures, social gatherings and studio visits.
Also, please accept this newsletter, number 15, as our heartfelt new years greeting! May luck and good fortune be with us this next four years ...
www.hungliu.com
Scales of History
Fresno Art Museum
Exhibition extended to April 28, 2017
Peeking Opera, 1989, oil on canvas, 72 x 104.
My Secret Freedom 8, 1972-75, oil on paper, 5 x 7. My Secret Freedom 18, 1972-75, oil on paper, 4 x 6.
Hua Gang (Flower Ridge), 2005, oil on canvas, 66 x 132.
My Secret Freedom 12, 1972-75, oil on paper, 5 x 7.
Rena Bransten Gallery
Opening April 27, 2017
New paintings based on photographs by Dorothea Lange ...
Fetching Water I, 2016, oil on canvas, 80 x 80.
Fetching Water III , 2016, oil on canvas, 80 x 80.
American Dream , 2016, oil on canvas, 60 x 72.
Paulson Bott (Fontaine) Press
The De Young Museum, July 16 - October 23, 2016
Hung Liu and Chris Brown in a Panel Discussion with Pam Paulson and Renee Bott November 30, 2016
Hung Liu, Pam Paulson, Chris Brown, and Renee Bott at the De Young Museum
Passport 2016: Chinatown
October 23, Chinatown, San Francisco
For the eighth year, San Francisco Arts Commission (SFAC) Galleries' held its annual Passport event. SFAC Galleries invited San Franciscans to purchase a "passport" to be stamped by seventeen established and emerging artists from the San Francisco Bay Area. Each artist had their own designated location in San Francisco's Chinatown where participants could meet the artist and receive a customized stamp. Hung Liu stamped participants' passports at the Chinese Cultural Center in Chinatown.
Hung's stamp.
Chinatown Rat
Don't miss it!
Making Our Mark: Celebrating 80 Years
A Conversation Between Hung Liu and Michael Hall
T he exhibition Making Our Mark gathered influential artists, thinkers, and educators in a series of informal roundtable conversations at the Richmond Art Center. Hung and Michael's conversation was moderated by gallery director Jan Wurm.
With Michael Hall, newly appointed Professor of Art at California State University, East Bay.
Sandra Ono, Karin Oen, Margo Machida, Nichole Fien, Jay Xu, Jennifer Xu, Jeff, & Freddy Chandra.
Freddy & Nicole.
With Jay & Jennifer
With Margo Machida
With Karin Oen
With Shanghai artist Liu Jianhua
With Sandra Ono's class from Mills College
With Standford Painting teacher Yvette Deas and her students.
Laura & David Mohr
With John Mason in his Los Angeles studio
With Jan Holmgren
After signing Sarah Lee's passport ...
With girls from Girl's Inc, Oakland - Alameda
With City Councilmember Lynette McElhaney and Mayor Libby Shaff at the Oakland Museum of California Ziggurat Fundraiser.
With Kathryn Reasoner, Stephen Whistler and Sabine Reckewell in Oakland
At the Trillum Graphics "Pop-Up" show with the Trillium crew
At the Trillium show with Diane, Freddy, Wanxin, Xiaoze and Daxue.
With Leah Garchik at Trillium Graphics
With Cissie Swig at Trillium Graphics
With childhood friend Chen Bing at Thanksgiving
Thanksgiving with Bing, Wanxin, and Diane
A NEW PEACE CORPS VOLUNTEER
Diego Rocha, assistant to Jeff & Hung since 2011, will depart for Mozambique in April of this year. He has been accepted into the Peace Corps, and will be abroad for two years. We are proud of him!
Bancroft's Post-Holiday Greetings
Recent Press for Hung Liu
"Although some may interpret this work's focus on the American Dust Bowl migration a departure from previous work because the subjects are not Chinese, Liu insists that this new work is not a pivot, but a natural extension of her previous work."
http://www.huffingtonpost.com/entry/contemporary-painter-hung-liu-i-felt-the-weight_us_586a93aee4b014e7c72ee2fa
Fresno Bee
"One of the great things about her new Fresno exhibition is the way you can flit back and forth between her earlier days as a student - absorbing the furtive freshness and raw vitality of a rural Beijing - with some of her much more politically pointed works. One of the biggest and most impressive, titled "Modern Time," is based on a banal photograph of a woman daydreaming in a conference room. On the wall behind her are four photographs that used to be found on the walls of schools and public buildings across China: the "four white guys" who helped birth the communist ideology. But Liu offers a subversive twist. She depicts Marx, Engels, Lenin and Stalin in the style of Van Gogh, giving a post-Impressionist hint of snark to the scene."
Read more here: http://www.fresnobee.com/entertainment/performing-arts/donald-munro/article109509982.html#storylink=cpy
Read more here: http://www.fresnobee.com/entertainment/performing-arts/donald-munro/article109509982.html#storylink=cp
http://www.fresnobee.com/entertainment/performing-arts/donald-munro/article109509982.html
"A recent visit to the Palm Springs Museum affirms for me that all artists are immigrants. If not in a literal sense then in a figurative sense, they are strangers to the society surrounding them. In the desert resort city, populated by celebrities in steel houses, the local museum is exceptional. At the moment, it has exhibits by both Ai Wei Wei, the Chinese dissident renowned the world over, as well as Hung Liu, a professor of painting from China who has become a citizen of America."
http://www.huffingtonpost.com/frank-h-wu/the-essential-chineseness_b_7230610.html
"The centerpiece of that show, Hung Liu's "Daughter of China, Resident Alien," is a pile of some 200,000 fortune cookies atop tracks that evoke the role of Chinese labor in building American railways. In a large painting based on the artist's green card, she takes the name "Cookie, Fortune." Many of Liu's paintings are derived from photos or propaganda-film stills and dissolve realism into abstraction to represent the evaporation of Marxist-Leninist China and her memories of it."
https://www.washingtonpost.com/goingoutguide/museums/looking-for-art-free-of-politics-dont-look-here/2016/09/08/da535a28-7457-11e6-8149-b8d05321db62_story.html
UCSD Visual Arts Department link:
http://visarts.ucsd.edu/news/mfa-alumna-hung-lius-show-review-washington-post
"Her new paintings are portraits of the most humble of flowers - dandelions - and they are spectacular."
http://www.latimes.com/entertainment/arts/la-et-cm-hung-liu-at-walter-maciel-gallery-20150302-story.html
In "Summoning Ghosts" at the Kemper Museum of Contemporary Art, Chinese-born artist Hung Liu quite literally "summons ghosts," bringing the dead and willfully forgotten into our view through large paintings based on 19th and 20th century photographs taken in China.
http://www.kansascity.com/search/?q=hung+liu
KQED Radio
Confined in China, Ai Weiwei Directs Alcatraz Exhibit from Afar (Hung Liu interviewed), Mina Kim, September 27, 2014. "Painter Hung Liu is close friends with Ai. Liu grew up during China's Cultural Revolution under Mao Tse-Tung, and like Ai, China's politics and culture infuse her work. She is wary of political art becoming too didactic. 'When you have a strong political agenda, a strong message, you have to be careful if you want to use art form,' the painter says. Liu says she plans to take a serious look at Ai's Alcatraz work, and hopes others will get past his superstar status and do the same. 'Ai Weiwei's super-famous. Some people call him God Ai - Ai shen ,' Liu says. 'I think it's little too far.' It's important for people to continue to think critically about Ai's work, Liu says - after all, people tried to make Mao a god, too." - Mina Kim
SF Chronicle
Many contemporary painters struggle to get history into their work without looking pretentious or ideologically motivated. But big events of the late 20th century weighed so heavily on the life of Oakland painter Hung Liu that she might have found it difficult to keep history out of her work. - Kenneth Baker
http://www.sfgate.com/default/article/2-Hung-Liu-showings-in-Oakland-4358054.php
Square Cylinder
It's easy to marvel at how Liu's mix of abstraction and realism draw us into the past. Yet virtuosity alone doesn't explain the emotional pull of her painting. So I'll venture a theory: Since Liu works from photos, her painting process is analogous to the photochemical act of "fixing" an image in the darkroom from which pictures seemingly emerge out of nowhere. Liu performs a kind of psychic translation of that act, supplementing it with lived experience and an extraordinary level of empathy. Result: she can paint from photos and literally "summon ghosts." - David Roth
http://www.squarecylinder.com/2013/04/hung-liu-oakland-museum-of-california/
Hung Liu is good at summoning ghosts -- from memory and history. She's an Oakland artist born in China, and "Summoning Ghosts" is the title of a new retrospective of her work at the Oakland Museum of California. - Cy Musiker
http://www.kqed.org/news/story/2013/03/28/118497/a_woman_who_can_summon_ghosts?category=bay+area
Art-Rated
Hung Liu is widely considered one of the most important Chinese artists working in America today. - Interview by Rachelle Reichert
http://art-rated.com/?p=929
Art Practical
The spare aesthetic of the exhibition currently on view at the Mills College Art Museum belies the fullness of the Bay Area artist and educator Hung Liu's major concern: history. - Ellen Tani
http://www.artpractical.com/review/hung_liu_offerings/
In February 1948, the artist Hung Liu was born in Changchun, in the far north of China. Only months later, the city was the site of a major siege by the People's Liberation Army. - Matthew Harrison Tedford
http://www.artpractical.com/profile/hung_liu/
Contra Costa Times
She's internationally known for her dramatic paintings, which often layer historical images with scenes from her own life or those of everyday people who didn't make it into the history books. - Angela Hill
http://www.contracostatimes.com/breaking-news/ci_22664269/artist-hung-lius-work-blurs-history-memory
San Francisco Chronicle/SFgate
In the early 1970s, Hung Liu, who was being trained in the strict Social Realist style required of Chinese artists at the time, surreptitiously made small landscape paintings that contained no images of Chairman Mao, heroic soldiers or happy peasants. She hid them under her bed to dry. - Jesse Hamlin
http://www.sfgate.com/entertainment/article/Hung-Liu-artistic-spirit-defied-Mao-4177946.php#ixzz2R8bgcIVu
Publications ( Hot off the Press)
Hung Liu: American Exodus
Introduction by Lori Fogarty
Essays by John Yau & Drew Johnson
Interview by Rachelle Reichert
Nancy Hoffman Gallery/Hung Liu Studio, 2016
Catalogues available
Hung Liu: Scales of History
Essay by Jeff Kelley
Fresno Art Museum/Hung Liu Studio, 2016
Hung Liu: Daughter of China, Resident Alien
Essay by David Pagel; Conversation between Peter Selz & Jeff Kelley
American University Museum, Katzen Center, Washington DC/Hung Liu Studio, 2016
(Warm off the Press)
Hung Liu: Questions from the Sky
Ed Hardy, Susan Krane
Hahrdymarks Press, 2015
Chinese Contemporary Art
Wu Hung
Qianshan: Grandfather's Mountain
Nancy Hoffman Gallery, 2013
Summoning Ghosts: The Art of Hung Liu
Essays by Wu Hung, Yiyun Li, Rene De Guzman, Karen Smith, Stephanie Hanor, Bill Berkson
216 pages, Oakland Museum of California & The University of California Press, 2012
Hung Liu: Great Granary
Essays and Interview by Wu Hung
216 pages, Timezone 8 Press, Beijing, 2008


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Still no start date
Mini Transat organisers and competitors twiddle their thumbs awaiting the Bay of Biscay to calm itself
Wednesday October 16th 2013, Author: James Boyd, Location: France
In the absence of a break in the weather over the next 48 hours, the race committee of the Mini Transat has decided to bring the fleet back into Port Rhu where there are more comfortable facilities to endure the wait. The race was scheduled to set sail from Douarnanez on Sunday.
Yesterday's proposal to gather in Gijon on the north coast of Spain before passing Cape Finisterre has been temporarily abandoned. Finally, a color-coded system for all those interested in the race has been set up to warn of the possibility of imminent departure. Explanations.
To understand the weather situation, imagine a dividing line from the Breton peninsular to Cape Finisterre. This highway at present is being swept by strong to very strong southwesterly headwinds. At the moment the winds are particularly strong between the Ortegal peninsula and Cape Finisterre, where gusts of over 50 knots are expected in the coming days.
This weather conditions have led the race committee not to go ahead with the option of a stopover in Gijon. Given current projections, the risk was too great that the fleet would find itself stuck in the Asturian port, unable to safely navigate the 180 miles separating Gijon and Cape Finisterre in strong westerlies. This option only works if the competitors spend two to three days in port there before rounding the northwestern tip of Spain.
Chris Sayer 16/10/2013 - 21:27
Common sense to not start an ocean race with a forecast of a potential 40 knots of wind and 3m to 4m sea state?! Would you sail across the atlantic or around the coast of Europe in a boat that you did not feel confident in being able to beat off lee shore in 40 to 50 knots of wind? In my limited experience winds of up to 60 knots can pop up and catch you out with very little warning anytime and anywhere. You have to be prepared and able to deal with it. The only message the race management is giving these sailors is to continue trying to maximize weight savings for light to medium air performance at the expense of sea-worthiness. True it is not fun sailing to windward in a gale but to keep on delaying races like this has very real and negative consequences. Two weeks after the 1999 race finished a hurricane passed and that does not bare thinking about for any boats still at sea.
David Bains 16/10/2013 - 12:00
This is an outbreak of common-sense with 21ft boats setting off across the Bay off Biscay at this time of year. I can think of several sailors (of larger boats) who would still be alive if race management had made these decisions in the past, rather than copping out, under media pressure, with declarations that it's the skipper's sole responsibility etc. But I'm still amazed it's actually happening!
Categories include: Brokers , Finance, Navigation / performance software, Chandelers


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Alternatives to s 8 Damages
Apotex Inc v Pfizer Ireland Pharmaceuticals et al 2016 ONSC 4966 Lederman J
Under our patent linkage system, a patent that is ultimately held to be invalid can keep competitors off the market until the conclusion of the NOC proceedings. Section 8 of the NOC Regs provides a remedy in the form of damages to the generic that has wrongly been kept off the market. However, there are limitations to this remedy. Both the FCA and the ONCA have held that if the generic is successful in the s 8 proceeding, s 8 entitles it only to its own damages, and not disgorgement of the patentee's profits: Apotex v Eli Lilly Canada 2011 FCA 358 (here); Apotex v Abbott Laboratories 2013 ONCA 555 JJA (here). The FCA has also held that if the generic is unsuccessful in the NOC proceeding, it cannot claim s 8 damages, even if the patent is subsequently held invalid in an infringement action: see Eli Lilly Canada v Apotex 2013 FCA 282 (blogged here). Undeterred, in a series of actions Apotex has sought a way around these limitations by pleading a bewildering variety of causes of action. None has so far proceeded beyond the pleading / certification stage. I haven't blogged all of them and this decision presents an opportunity to try to summarize the holdings, though so many causes of action have been raised that I can't guarantee that I have caught them all.
This decision itself is also noteworthy in a few respects. Most importantly, Lederman J refused to strike the claim for unjust enrichment [36]. In so doing, he declined to follow the BCCA decision in Low v Pfizer 2015 BCCA 506. As discusssed here, Low held that the claim for unjust enrichment had no prospect of success because there was a juristic reason for the infringement. Lederman J noted that Low was not binding on him [30], and he consequently held that jurisprudence is inconclusive [33]. He also distinguished Apotex v Eli Lilly 2015 ONCA 305 (here) on the basis that in that case Apotex had been seeking disgorgement of all of the patentee's profits, whereas in this case, Apotex "claims only that portion of Pfizer's revenues that represent the revenues Apotex was deprived of because of the delay in obtaining its Notice of Compliance" [35]. That is, in this case Apotex is in effect seeking its own damages in the guise of an unjust enrichment claim.
Lederman J also allowed a claim for damages in nuisance [39]. I believe this is the first time Apotex has advanced a nuisance claim.
A third point of interest is that Lederman J also struck Apotex's claim for damages under s 8 [18]. This is not too surprising, as he was simply following [14] the FCA holding in Eli Lilly Canada v Apotex 2013 FCA 282 n this point but given his view of the BCCA decision in Low, it was not a foregone conclusion that he would accept the FCA's reasoning.
Apotex also pleaded treble damages under the English and Ontario Statutes of Monopolies [1]. Pfizer did not seek to have this struck, in light of the prior jurisprudence allowing such a claim to stand. Lederman J also allowed the claim under s 7(a) of the Trade-marks Act to stand, in light of prior decisions [28]. He rejected the claim based on Ashby v. White, on the view that "The principle borrowed from that case – 'no right without a remedy' – is simply a phrase, a principle or a maxim. By itself, it does not disclose a cause of action and should be struck" [40].
To summarize (at least partially) the cases to date:
No prospect of success
Disgorgement under s 8
Apotex v Eli Lilly Canada 2011 FCA 358 (blogged here); Apotex v Abbott Laboratories 2013 ONCA 555 (here) aff'g 2013 ONSC 356
Damages under s 8 if patent held valid in NOC proceeding
Eli Lilly Canada v Apotex 2013 FCA 282 (blogged here); Apotex v Pfizer Ireland 2016 ONSC 4966
Unlawful interference with economic relations
Low v Pfizer 2015 BCCA 506 (here)
Waiver of tort
The "principle" in Ashby v White
Apotex v Pfizer Ireland 2016 ONSC 4966
Allowed to stand
Damages under the Trade-marks Act s 7(a)
Apotex v Eli Lilly 2012 ONSC 3808 leave to appeal refused 2013 ONSC 1135 (here)
Apotex v Schering 2016 ONSC 3407
Treble damages under the English and Ontario Statutes of Monopolies:
Apotex Inc. v. Eli Lilly, 2015 ONSC 5396; Apotex Inc v Schering Corp 2016 ONSC 3407
Damages in nuisance
Unjust enrichment
No cause of action in unjust enrichment
Low v Pfizer 2015 BCCA 506 (here) contra Apotex v Pfizer 2016 ONSC 4966
No disgorgement of patent's entire profits
Apotex v Eli Lilly 2015 ONCA 305 (here)
Disgorgement of profits corresponding to generic's damages
Apotex v Pfizer Ireland 2016 ONSC 4966 contra Low v Pfizer 2015 BCCA 506
Posted by Norman at 1:40 PM 0 comments
Labels: Disgorgement of Profits from Invalid Patent, NOC Section 8, Remedies
Jurisdiction of the Federal Court and IP Related Contracts
SALT Canada Inc v Baker 2016 FC 830 Boswell J
Section 52 of the Act gives the Federal Court "jurisdiction. . . to order that any entry in the records of the Patent Office relating to the title to a patent be varied or expunged." SALT Canada brought an application for a declaration under s 52 that the register be varied to list SALT as the owner of the '058 patent. Boswell J dismissed the application for lack of jurisdiction. In so doing Boswell J reviewed a number of cases and provided a helpful and clear statement of the law related to the jurisdiction of the FC under s 52. However, he did not discuss Kellogg Co v Kellogg [1941] SCR 242, presumably because it was not cited to him. This omission is unfortunate, as that case might be taken to suggest a different result, and it would have been interesting to see how it would have affected his reasoning. Boswell J also emphasized the need for the court which does have jurisdiction hear the dispute to take into account s 51 of the Act, which establishes a priority scheme for patent title based on registration. But that same point, looked at from the other direction, suggests that the FC might have jurisdiction to begin with. So, while Boswell J's holding initially appears to be a straightforward application of existing law, a closer look suggests there may be a reasonable argument for a broader interpretation of the Court's jurisdiction.
The case involved two conflicting assignments of rights in the '058 patent from the inventor, Dr Markels. The first was a complex series of assignments which ultimately led to the Respondent, Baker. Baker registered his ownership with the Patent Office. Some of the assignments in this series included provisions requiring the '058 patent to be reassigned to Markels if certain conditions were breached. Apparently believing that the conditions had indeed been breached, in 2015 Markels assigned title to the Applicant, SALT. Markels also prepared a reassignment from Baker to Markels, which was, however, never executed by Baker. SALT sought to have its ownership registered, but the Patent Office refused on the basis that the assignment was not executed by Baker, the registered owner [3]-[9].
SALT then brought this application for a declaration under s 52 that the register be varied to list SALT as the owner of the '058 patent (as well as other additional and alternative relief). A key substantive question related to the interpretation of the various agreements, and whether the conditions in the first series of assignments had been breached, such that Markels was entitled to a reassignment [24].
Posted by Norman at 9:51 AM 0 comments
Labels: Jurisdiction, Ownership
Comments on the State of the Art for an Obviousness Attack
Pollard Banknote Limited v BABN Technologies Corp 2016 FC 883 Locke J
"What is the State of the Art for the Purpose of an Obviousness Attack?" That's the title of an article I wrote in 2012 (27 CIPR 385). The puzzle is this. Traditionally, under the old Act, the body of prior art which could be set up against the patent in an obviousness attack (the "state of the art"), included only the common general knowledge plus prior art which would be discovered in a reasonably diligent search directed to the problem at hand. But s 28.3, which codified the obviousness in the new Act, provides that the relevant information is that "disclosed before the claim date … in such a manner that the information became available to the public". That includes all public prior art, not just prior art which would have been found in a reasonably diligent search. There is an open question as to whether s 28.3, which was generally thought to have simply codified the existing non-obviousness requirement, had extended the state of the art. In my article I concluded that "contextual and purposive considerations imply that s. 28.3 was not intended to change the law, and the state of the art remains limited to information that is reasonably discoverable," but "the argument based on the text of the provision is sufficiently strong that case law directly addressing the question will be needed before the point can be considered settled."
While a number of decisions under the new Act simply assumed that the relevant state of the art was the same as under the old Act, the first decision to address this question directly, albeit briefly, was Novartis v Teva / deferasirox 2015 FC 770 blogged here, in which O'Reilly J held that indeed the law had not changed. (The question was noted, but not addressed, in 2015 FCA 163 [21].) Now, in Pollard v BABN, Locke J has suggested that he may prefer the opposite conclusion [192-95]. The question was relevant in respect of the Camarato application, which was crucial to the holding that Claim 1 was obvious. As I read his decision, Locke J never directly held that the state of the art extends to all publicly available prior art. Locke J noted the problem and made some comments on it, but his only direct holding was "Even if I was of the view that this reference's findability in a diligent search was a relevant consideration, I would nevertheless conclude that it is citable for obviousness," because it was indeed have been found in a diligent search, and so would be part of the state of the art under either test [196]. The phrase "even if I was" is ambiguous. It might suggest that he was of the view and findability is not the test, and his holding that the Camarato application was findable was in the alternative; but it might also mean that it didn't matter whether findability was the test, given that the reference was in fact findable.
Regardless of the precise holding, Locke J was clearly sympathetic to the argument that the state of the art should comprise all public prior art:
[194] [I]n order to obtain a valid patent, it is not enough for a skilled person simply to make an obvious change to what is known in the art. This principle should apply to any information that was available to the public, even if it would not have been located in a diligent search. For example, should a skilled person be able to obtain a valid patent by simply searching a dusty corner of a public library for a document that describes a forgotten invention and making an obvious change to it?
The problem with the final rhetorical question is that even under the traditional test a person cannot obtain a patent by "simply" searching a dusty corner and making an obvious change, because if the search was simple, by definition it would have been found in a reasonably diligent search. The proper question is whether a skilled person should be able to obtain a valid patent by making an obvious modification to a document that was found after a long and arduous search. The answer to that question is not so easy. The EWCA in Windsurfing [1985] RPC 59, 71 made a very similar argument, which I discuss at more length in my article at 391-93.
Labels: Obviousness, State of the Art
Protests Do Not Result in a Higher Burden in Subsequent Litigation
Pollard v BABN raised two issues related to the standard of review. The more significant holding was that a party which protests or submits prior art during prosecution, pursuant to s 34.1, will not be disadvantaged by a higher burden of proof if it subsequently challenges the same patent in litigation. I believe this is the first decision to address this issue.
In Wellcome / AZT 2002 SCC 77 [42]-[44], the SCC apparently held that a challenge to the validity of a granted patent was somehow a form of judicial review of the Commissioner's decision to grant the patent, and that decision should be treated with deference, so that the patent would only be held invalid if the Commissioner's decision to grant it was unreasonable. The SCC's conclusion was rejected by Gauthier J in Cefaclor 2009 FC 991 [350]-[370], who, after a devastating critique of the SCC's reasoning, held that the correct standard was the traditional balance of probabilities. Subsequent decisions of the FC addressing this issue have consistently followed the lead of Gauthier J, essentially (and rightly, in my view) treating the SCC statements in Wellcome / AZT as having been made per incuriam. Locke J in this case did the same, citing Cefaclor and recognizing, as the SCC did not, that "[t]here is no standard of review applicable to Pollard's challenge to the validity of the 551 Patent because this is not a judicial review of the decision to allow the 551 Patent to issue. . . . The standard is the balance of probabilities" [129].
The more interesting issue related to s 34.1. Pollard had been involved in challenging the patent during prosecution by filing 12 protests pursuant to s 34.1, including both prior art submissions and argument [128]. SG argued that "in view of the depth of Pollard's involvement in challenging the patented invention during prosecution, it benefited from what was effectively a patent opposition process. For this reason, and because of the extraordinary delay SG experienced in obtaining allowance of its patent application, SG argues that a degree of deference to the examiner's decision to allow the 551 Patent to issue should apply" [128].
Locke J rejected SG's argument. He noted that SG could not be held accountable for the delay:
[131] Its protests contributed to the delay in the 551 Patent's issuance only inasmuch as the examiner accepted the arguments contained in those protests and included them in the rejection letters that were sent to the applicant. A more direct reason for the delay in the issuance of the 551 Patent is that it took many exchanges with the patent examiner before the applicant found the claim language that would be accepted. I see no basis for criticizing Pollard for having filed its protests.
The delay should not be attributed to the protests, because if they are well-founded, the examiner should have raised them in any event, and if they are not, the examiner need not and should not require the applicant to respond.
Locke J also raised an important policy issue:
[133] Another concern I would have about raising the burden on Pollard for its validity challenge is that it would, as a result, have a higher hurdle than other interested members of the public who might wish to mount a similar challenge. It should also be noted that an impeachment action, if successful, is a benefit not just to the plaintiff, but also to the public as a whole since an unjustified monopoly is thereby removed from the patent register.
If a party faced a higher burden for issues it raised during prosecution, that would no doubt affect its decision whether to protest or submit prior art under s 34.1, and as Locke J pointed out, it is in the interest of the public as a whole to ensure that unjustified patents are not granted. The flip side of the coin is that a interested party like SG gets two kicks at the can – though that is perhaps not a serious problem if its contribution to the prosecution imposes no significant additional burden on the applicant, as Locke J indicated.
Locke J also noted on the facts that the applicant was apparently not concerned about the delay, because it "responded at or near the end of the six-month deadline for responding to the examiner's action in every case but one" [132]. Quare whether this would form the basis for a distinction in a future case? I think not, given the rest of Locke J's reasoning, but the fact that he mentioned this point leaves the question open. And of course, future judges might see the whole issue differently.
Labels: Obtaining a Patent
Claim Held Invalid for Ambiguity for the First Time in 40 Years
Subsection 27(4) of the Act provides that the claim must define the invention "distinctly and in explicit terms." A claim that fails to do so will be invalid for ambiguity [136]. However, as Hughes J has pointed out, the bar for holding a claim invalid for ambiguity is very high – the claim must be essentially incapable of being meaningfully interpreted – and as a consequence, an ambiguity attack is very rarely successful: 2005 FC 1725 [50]-[53]. Nonetheless, Claim 2 of the '551 patent was held to be invalid for ambiguity – apparently for the first time in almost 40 years* (see 2005 FC 1725 [51], noting that the last time a claim was held invalid on this ground was 1977).
Recall from yesterday's post that the invention was a security feature for lottery tickets, and Claim 1 was to a ticket comprising a non-play area on the ticket (containing the bar code), "spaced apart from" the play area (containing the prize information or "game data"). This is shown in Fig 3:
Claim 2 was a dependent claim to
2. The printed document of claim 1wherein the game data is printed around the bar code.
This was apparently intended to be illustrated by Fig 4:
It is not possible for the game data to be printed around the bar code at the same time as the play area, which contains the game data, is "spaced apart" from the non-play area, containing the bar code, as is required by the dependency [141]. This means that Fig 4 does not really illustrate Claim 2; while the game data is printed around the bar code, the play area is not spaced apart from the non-play area.
Claim2 was therefore held invalid for ambiguity [144]. This holding of ambiguity is the exception that proves the rule that the bar for a successful ambiguity attack is very high; while the claim was held to be invalid, the claim was internally contradictory, and so was incapable of meaningful interpretation.
*See the comment to this post, noting that Apotex v Hoffman-La Roche (1989), 24 CPR(3d) 289 (FCA) the claims were held invalid for ambiguity, so it has really been 'only' 27 years since the last time an ambiguity attack was successful.
Labels: Ambiguity, Claim Construction
Is it Time to Revisit the Rule Against Using Extrinsic Evidence in Claim Construction?
In this declaratory action brought by Pollard, Locke J declared both claims of the '551 patent, owned by Scientific Games (the successor to BABN), to be invalid (Claim 1 for obviousness 242], Claim 2 for ambiguity [144]). On the infringement counter-claim, he held that the claims were not infringed in any event [2]. The decision raises a number of interesting issues, perhaps the most of important of which relates to prosecution history estoppel.
The '551 patent relates to a security feature for instant lottery tickets. These tickets have a scratch-off layer covering the "game data" which the customer scratches off to reveal whether the ticket is a winner and the amount of any prize. (In cheaper tickets a paper pull-tab may be used to cover the prize instead of the scratch-off layer.) To prevent fraud, the tickets normally also have validation information, in the form of numbers and/or a bar code, which is checked against the lottery's online system on redemption to confirm that the ticket had been legitimately sold, that it was indeed a winner, and that it had not previously been redeemed [12]. As additional security, the validation information may also be hidden by a scratch off layer. This was all part of the prior art.
Labels: Claim Construction, Prosecution History
Coordinating S 8 NOC and Infringement Actions
Apotex Inc v Alcon Canada Inc 2016 FC 720 Tabib J
2,129,287, 2,606,370 / travoprost / TRAVATAN Z
NOC proceedings and infringement actions give rise to independent litigation over infringement and validity of the same patents, with potentially conflicting monetary remedies. This decision by Tabib J on a motion for bifurcation of a s 8 damages action deals with some of the complex procedural issues that arise in attempting to resolve this conflict. While appropriate procedural decisions may help reduce duplicative litigation and avoid inconsistent results, it is hard to avoid the conclusion that the remedial overlap is another illustration that the PM(NOC) Regulations' well-intentioned attempt to create a simple and streamlined patent linkage system has not been a success.
The patent linkage systems operating in the US and Canada are functionally equivalent to giving an automatic interlocutory injunction to a pharmaceutical patentee threatened by generic entry. In a jurisdiction in which interlocutory injunctions are relatively easy to get, linkage is hardly necessary. So, as I understand it, in the UK a pharmaceutical patentee will normally be able to get an interlocutory injunction against a generic which seeks to launch at risk, and consequently the generic will normally bring a declaratory action to "clear the way." The effect is that the generic cannot launch before it has been determined that the patents reading on the product are invalid or not infringed. In jurisdictions such as Canada and the US, where interlocutory injunctions are more difficult to obtain, the generic might be able to launch even though its product infringed a valid patent. The patent linkage system addresses this by effectively giving the patentee an automatic interlocutory injunction. In the US, the application for marketing authorization is a deemed infringement, giving rise to a statutory stay which is roughly equivalent to an interlocutory injunction. However, there is no separate hearing to assess the merits of this "injunction," as there would be in an application for an interlocutory injunction as such. In the Canadian patent linkage system, embodied in the PM(NOC) Regulations, on applying for marketing authorization for a generic drug, the generic is subject to a statutory stay – the automatic interlocutory injunction – while validity and infringement are assessed in an NOC proceeding. The NOC proceeding is intended to be summary in nature, like the hearing in which a true interlocutory injunction application would be decided. And if the patentee is unsuccessful in the proceeding, under s 8 it must compensate the generic which has been wrongly kept out of the market during the period of the stay, just as a party who is granted an interlocutory injunction must normally give an undertaking in damages to compensate the defendant which has been prevented from exercising its legitimate rights. And just as with a traditional interlocutory injunction application, a subsequent infringement action can proceed to a potentially different result on the basis of a more complete record. The Canadian system is therefore intended to statutorily mimic a true interlocutory injunction application more closely than the US linkage system.
However, one feature distinguishes the Canadian linkage system from both a true interlocutory injunction application and the US-style linkage system, namely that the NOC proceeding and any subsequent infringement action are independent proceedings. This means that inconsistent results are possible, in principle and in practice. In the both the US and the UK, a patentee may be liable for foregone profits incurred by a successful generic which was kept off the market by the stay / interlocutory injunction, but in both systems the generic is entitled to compensation only if it prevails in the ultimate infringement action. Thus there can never be a conflict in which the generic is entitled to compensation for having been kept off the market by a stay based on a patent which was valid and infringed. In contrast, in Canada the generic may win the NOC proceeding, and so be entitled to compensation under s 8, and yet lose the infringement action, so that it would be entitled to 8 compensation under s 8 of the NOC Regulations for having been kept out of a market which, under the Patent Act, it had no right to enter.
This potential for conflict has begun to be addressed substantively. As Tabib J states "[t]he law as it stands is to the effect that hypothetical infringement is not a complete defence to a section 8 claim, but that it is a significant factor to be considered in assessing compensation, and that it can indeed reduce damages to zero" (citing 2012 FC 620, blogged here; and see also 2012 FC 559 aff'd 2013 FCA 77 blogged here and here), though as she notes the law "may continue to evolve" [11].
This decision by Tabib J on Apotex's motion for bifurcation wrestles with the problem of how to deal with this issue procedurally. Alcon held two patents related to travoprost, the '287 and '370 patents. Alcon lost both NOC proceedings, and, after Apotex launched, Alcon commenced an infringement action based on the '370 patent only. At the same time, Apotex brought an action for s 8 damages, which Alcon sought to defend by alleging infringement of both the '370 patent and the '287 patent, as well as the '172 patent, which was not listed on the Patent Register and so was not at issue in the NOC proceedings [2], [3]. Apotex now seeks to bifurcate the s 8 action to have validity and infringement of the '287 and '172 patents determined separately. The parties agreed that validity of and infringement regardng the '370 patent were already effectively bifurcated as they will be determined in the infringement action and those findings would be binding in the s 8 action [6]. In some ways the bifurcation decision was quite easy. On the facts, Tabib J found that the issue proposed to be bifurcated were quite distinct, so bifurcation would not lead to wasteful duplication [10]. On the other hand, if bifurcation were refused, duplicative litigation of quantification between the infringement and liability phases might result [12]. Copnsequently, Tabib J granted the motion to bifurcate.
Two interesting points were raised. First, Alcon was apparently concerned that Apotex's motion for bifurcation was a prelude to a move to consolidate the bifurcated infringement issues relating to the '287 and '172 patents with the infringement trial of the '370 patent, thus delaying the trial and Alcon's hoped for injunction [7].While Tabib J gave some credence to this concern [7], in the end she considered that in this case bifurcation does not entail joinder, and so Alcon would not be disadvantaged in this manner [10]. The concern nonetheless illustrates the complex procedural considerations that arise because of the separate nature of these proceedings.
Secondly and more fundamentally, Tabib J suggested that if Alcon's related infringement action was not already bifurcated, the best way forward might have been to consolidate both actions, without bifurcation [12]. This would solve the problem of the separate actions in the most straightforward way possible. However, as this case illustrates, consolidation is not always appropriate. And while consolidation might in some cases be possible, given the vagaries of timing of two independent actions, it is too much hope that this would be routine. It seems, therefore, that parallel s 8 and infringement actions will be coordinated only by ad hoc motions such as this one, with varying degrees of success in avoiding wasteful duplication. The procedural complexity created by our patent linkage system seems destined to endure so long as the system remains in its current form.
Posted by Norman at 11:18 AM 0 comments
Labels: NOC, NOC Section 8, NOC Section 8 and Patent Validity, Procedure
Uncontested Removal of Co-Inventor
Novartis AG v Canada (Attorney General) 2016 FC 229 McDonald J
In this decision, decided in February but only recently released, McDonald J granted an uncontested application by Novartis to delete one of the named co-inventors on the '650 patent. The decision states that the application was made "pursuant to sections 31(3) and 52" of the Act [1]. This is a bit odd as was established in Micromass 2006 FC 117 that s 31(3) applies only prior to grant, and after grant, as in this case, s 52 is appropriate: accordingly, the judgment itself was made "pursuant to section 52" of the Act. The application also proceeded on the basis that the test to be met for removal of an co-inventor is that set out under s 31(3), which requires affidavits from the remaining applicant or applicants satisfying the Commissioner that they are the sole inventor or inventors [6]. At the time the application was made, there were some cases suggesting that in deciding whether to remove a co-inventor under s 52, the court should follow the test set out for the Commission of Patents in s 31(3) (see here). That view would also explain why the application was brought pursuant to both sections. Subsequently, however, in Qualcomm 2016 FC 499 (blogged here) Simpson J has held that such affidavits are not strictly required under s 52. The decisions are not inconsistent in the result, since the affidavits were provided in this case and the application was granted, and no doubt it was simpler for Novartis to provide those affidavits rather than argue the point, as the law was unsettled at the time of its application.
Posted by Norman at 12:05 PM 0 comments
Labels: Amendment, Inventorship, Varying Records
Jurisdiction of the Federal Court and IP Related C...
Comments on the State of the Art for an Obviousnes...
Protests Do Not Result in a Higher Burden in Subse...
Claim Held Invalid for Ambiguity for the First Tim...
Is it Time to Revisit the Rule Against Using Extri...


"UFC 158: St-Pierre vs. Diaz" takes place March 16th inside Bell Centre in Montreal, Canada. UFC Fight Club members will have the opportunity to purchase seats for the show today at 10AM ET/7AM PT.
The general public will have access to the remains on Friday, January 25th at 12PM ET/9AM PT via Ticketmaster.
Tickets are priced between $85 and $600.
Welterweight king Georges St-Pierre defends his throne against Nick Diaz (Pictured) in the show's featured attraction.